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Understanding Fines as a Sentencing Option in Criminal Law

This overview explores the use of fines as a penal measure within the criminal justice system. Fines serve as monetary penalties paid by offenders to the court and can be applied alongside other sanctions. The maximum fine is often measured in penalty units, with considerations for the offender's financial circumstances taken into account. We also discuss the implications of unpaid fines, which may lead to alternative sanctions such as Community Correction Orders (CCOs) or imprisonment. The effective use of fines aims to balance punishment and the offender’s ability to pay, promoting justice without undue hardship.

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Understanding Fines as a Sentencing Option in Criminal Law

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  1. FINES as a sentencing option • An overview of three types of criminal sanctions and their purpose • So far you have looked at Imprisonment CCO Youth residential orders Youth justice orders fines

  2. Most serious sanctions Least serious sanctions Adapted from Justice & Outcomes 12 e – Oxford 2012

  3. What are fines • Monetary (Money) penalty paid by the offender. This fine is paid to the court. • All offences carry a maximum penalty sanction. Some offences permit a fine to be imposed as a sentencing option. • Maximum fine penalty is expressed as a penalty unit • 1 penalty unit = 147.61 (2014/2015) • If a fine is not paid an offender can be sentenced using another sentencing option such as CCO or imprisonment • In imposing a fine, the court must take into consideration the financial circumstances of the offender to determine the burden that such a fine would impose.

  4. Exam questions • Describe two criminal sanctions available to the courts and explain one purpose of each • Describe one sanction available to a court in a criminal case and explain two of its purposes • James has been involved in a serious car accident and has been charges with culpable driving. At the conclusion of the committal hearing he was committed to stand trial, and he was refuse bail. Outline one purpose of one criminal sanction which could be imposed if james is found guilty at his trial.

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